1. Agreement to these Terms
These Terms of Service ("Terms") are a binding agreement between you and DeAndrey O'Connor ("SturdyShift", "we", "us", "our") governing your use of the SturdyShift mobile application and related services (the "Service"). By creating an account, accepting these Terms in the app, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
2. Definitions
- Manager / Employer — a business or individual that creates an employer account, configures jobs, schedules shifts, and manages Workers.
- Worker — an individual invited by a Manager to use the Service to view schedules, clock in and out, and track pay.
- Content — messages, comments, announcements, and other information submitted through the Service.
3. Eligibility
You must be legally able to enter into a contract and legally permitted to work in your jurisdiction to use the Service. The Service is a workplace tool and is not intended for anyone under the minimum working age in their jurisdiction (and in no case under 16). Managers represent that they are authorized to act for the employer they register.
4. Accounts and security
- You are responsible for the accuracy of the information you provide and for keeping your login credentials (and any kiosk PIN) confidential.
- You are responsible for activity that occurs under your account.
- Notify us promptly of any unauthorized use or security concern.
- Certain destructive actions (deactivating or erasing your account) require re-entering your password to confirm your identity.
5. The Service
SturdyShift provides workforce scheduling, time and attendance tracking, break tracking, shift management, workplace communication, and payroll-assistance features such as pay calculation, overtime and minimum-wage figures, and discrepancy tracking.
The Service is a tool that assists with recordkeeping and calculations. It is not:
- a payment processor, and it does not transfer, hold, or disburse wages or money;
- a payroll bureau, accountant, lawyer, or provider of legal, tax, or employment-compliance advice; or
- a substitute for the Employer's own legal obligations.
Pay figures, overtime, and minimum-wage amounts shown in the Service are estimates generated from the data entered and configured by users and from published statutory rates. They may be incomplete or out of date. You are responsible for verifying pay before relying on it. The Employer remains solely responsible for correctly and lawfully paying Workers.
6. Employer responsibilities
If you use the Service as a Manager/Employer, you agree that you:
- Are responsible for complying with all applicable employment, wage, hour, overtime, break, recordkeeping, and privacy laws that apply to your workers;
- Are responsible for the accuracy of the jobs, schedules, rates, and records you configure;
- Will obtain any consents and provide any notices your workers are legally owed, including where you enable location verification (Section 8);
- Are the party responsible, as employer, for the employment relationship and for actually paying your workers; and
- Will use worker personal information only for legitimate employment purposes.
7. Worker responsibilities
If you use the Service as a Worker, you agree to:
- Clock in and out accurately and use the Service honestly;
- Keep your credentials and any kiosk PIN secure; and
- Use workplace communication features respectfully and lawfully.
8. Location services
Location features are optional and off by default, and may be enabled by a Manager for a given job. When enabled, the app reads your device location once, in the foreground, at the moment you clock in or out, to verify you are at the worksite and, where the Manager enables it, for attendance geo-analytics. There is no continuous or background location tracking. Your operating system will ask permission before any location is read, and you can decline or revoke it at any time in your device settings. Managers who enable location are responsible for notifying Workers and obtaining any consent required by law. See the Privacy Policy for full detail.
9. Acceptable use
You agree not to:
- Use the Service unlawfully or to violate the rights of others;
- Submit false time, attendance, or pay records, or attempt to defeat clock-in verification;
- Upload unlawful, harassing, defamatory, or infringing Content;
- Attempt to access accounts or data you are not authorized to access;
- Interfere with, disrupt, reverse-engineer, or attempt to breach the security of the Service; or
- Use the Service to build a competing product or to scrape or harvest data.
10. User Content
You retain ownership of Content you submit. You grant us a limited license to host, store, transmit, and display that Content solely to operate and provide the Service. You are responsible for your Content and represent that you have the rights to submit it. We may remove Content that violates these Terms. Messages and comments are soft-deleted or redacted rather than immediately purged, consistent with our recordkeeping and the Privacy Policy.
11. Subscriptions and billing
The SturdyShift app is free to download and use. Paid plans, if offered, are for Employers and are purchased and managed through our website, not through in-app purchase. Pricing, plan limits, and billing terms for paid plans are described at the point of purchase on the web. Workers are never charged. If and when billing is offered, the applicable subscription terms will supplement these Terms.
12. Intellectual property
The Service, including its software, design, and trademarks, is owned by SturdyShift and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. All rights not expressly granted are reserved.
13. Third-party services
The Service relies on third-party providers (including Supabase for hosting and authentication, and Expo for notifications and updates). Their services are governed by their own terms and privacy policies, and we are not responsible for third-party services.
14. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT PAY OR COMPLIANCE CALCULATIONS WILL BE ACCURATE OR SUITABLE FOR YOUR CIRCUMSTANCES. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STURDYSHIFT AND ITS OPERATORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, WAGES, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100). Nothing in these Terms limits liability that cannot be limited by law.
16. Indemnification
You agree to indemnify and hold harmless SturdyShift and its operators from claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your Content, your use of the Service, your violation of these Terms, or — for Employers — your employment practices and your legal obligations to your workers.
17. Termination
You may stop using the Service and deactivate or erase your account at any time. We may suspend or terminate your access if you violate these Terms or use the Service in a way that creates legal risk or harm. Certain records will be retained after termination as described in the Privacy Policy and as required by law. Sections that by their nature should survive termination (including Sections 5, 14, 15, 16, and 18) will survive.
18. Governing law and disputes
These Terms are governed by the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. You agree to the exclusive jurisdiction of the courts located in Manitoba for any dispute, except where applicable law provides otherwise.
Consumer protection carve-out. Nothing in this Section deprives you of the protection of the mandatory consumer-protection laws of the province, state, or country in which you reside. If you are a consumer resident elsewhere in Canada, in the United States, or in another jurisdiction, you retain any mandatory rights and protections that the law of your place of residence guarantees you, and those protections apply notwithstanding the governing-law and forum choices above.
19. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and, where required, notify you in-app and ask you to re-accept. Your continued use of the Service after an update means you accept the revised Terms.
20. Contact
Questions about these Terms:
Contact: privacy@sturdyshift.com Operator: DeAndrey O'Connor